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Fesya, Aicha Azdina Adly
International Open University Kanifing Gambia
Arts Humanities

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Legal Analysis of Banking Crimes and Money Laundering in Indonesia Fesya, Aicha Azdina Adly; Pase, Abd. Rahman Alwi
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 1 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i1.29034

Abstract

Crimes in the banking sector related to money laundering show a level of complexity that continues to increase along with the development of the financial system and technology in Indonesia. This study aims to examine the various forms of banking crimes and their relationship to money laundering practices, while assessing the effectiveness of existing regulations. The method used is normative legal research with a statutory and conceptual approach, supported by a qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study indicate that banking crimes often serve as predicate crimes in money laundering, such as fraud, embezzlement, and abuse of authority. While their implementation still faces obstacles such as weak supervision, suboptimal coordination between institutions, and limited law enforcement. Therefore, strengthening the supervisory system, increasing the capacity of officers, and more synergistic cooperation are needed to increase the effectiveness of prevention and prosecution of these crimes in Indonesia.
Combating Cyber Crime From The Perspective Of Islamic Criminal Law Fesya, Aicha Azdina Adly; Zaidan Ketaren, Rizky
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29084

Abstract

This article aims to analyze the concept of cybercrime prevention from the perspective of Islamic criminal law and examine its relevance to the development of modern digital crime. The research method used is normative legal research with a conceptual approach and a legislative approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although cybercrime is not explicitly recognized in classical Islamic criminal law literature, the basic principles of jarimah, particularly in the category of ta'zir, can be used to qualify various forms of cybercrime.
Brawling From the Perspective of Positive Criminal and Islamic Criminal Fesya, Aicha Azdina Adly; Damanik, Khaidar
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 1 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v3i1.29076

Abstract

Crime is an unlawful act that violates legal norms and may result in criminal sanctions, including violations of the human right to security as guaranteed by the 1945 Constitution of Indonesia. Criminal law functions to regulate prohibited acts and impose sanctions on perpetrators. From an Islamic perspective, the Qur’an emphasizes values of brotherhood, peace, justice, and prohibits conflicts or disputes without legitimate reasons. This study aims to analyze the resolution of brawls from the perspectives of positive law and Islamic law. The research employs a normative juridical method using a literature study approach by examining laws, regulations, legal doctrines, and Islamic legal sources related to juvenile delinquency and criminal acts involving brawls. The findings indicate that the handling of brawls, which generally involve children and adolescents, requires special protection in accordance with applicable laws and regulations. Such protection includes humane treatment, the provision of legal assistance, safeguarding children’s rights during legal proceedings, and avoiding excessive or severe punishment. In addition, restorative and preventive approaches are considered important in addressing juvenile involvement in brawls. The study also highlights that the effectiveness of resolving brawls is influenced by the role of law enforcement officers, family supervision, educational institutions, and public legal awareness. Therefore, collaboration among these parties is necessary to prevent and reduce the occurrence of brawls while promoting justice, protection, and social harmony.
Co-Authors Damanik, Khaidar Pase, Abd. Rahman Alwi Zaidan Ketaren, Rizky